Cote v. Henderson

In Cote v. Henderson (1990) 218 Cal. App. 3d 796, the plaintiff sued the defendant for intentional infliction of emotional distress after the defendant "reported to the police and to the district attorney that plaintiff had forced her to engage in nonconsensual" sex acts. The trial court sustained defendant's demurrer without leave to amend and the Court of Appeal affirmed. The appellate court held the "defendant was absolutely privileged under section 47, subdivision (b) in reporting to the police and the district attorney the acts which she complained plaintiff committed on her person and against her will." (Cote v. Henderson, supra, 218 Cal. App. 3d at page 806.)